Garden access

[desperatlyseekingsusan]

I have lived in my end of terrace property for 10 years and as per my deeds, the next door neighbour has a right of way on foot through my garden for the purposes of bin collection only which the neighbour uses on a weekly basis unhindered. In the past, the neighbour has also asked demanded workman be given access through my garden to get to hers so they can undertake minor gardening jobs which I have allowed under the guise of being 'neighbourly' but she dosnt seem to see it this way and thinks it's her right to use the right of way in any way she wants. She has lived there for 4 years.

My relationship with her has soured for various other reasons and it has all come to a head as she has informed me that she is having a garden office installed next week and my garden will be used as access. Do I have a right to refuse this given the terms of the right of way specify it is for bin collection only?

This garden office is not replacing any existing structure in her garden so I can't see how it could be deemed essential maintenance under the neighbouring land act either.

Any advice welcome.

Thanks.

It would be unusual for a right of way to be limited to only taking the bins out on collection day. You will need to post the precise wording contained in the deeds.

I knew someone with a set up like this and he had to allow all workmen access through his garden not just bins.

I agree, I could understand bin collection being listed as an example of how the access is to be used, but I can't imagine a right of way that only allows bin collection.

Thank you. The exact wording is:

"a free and perpetual right of way on foot for the purposes of the collection of refuse only over the land coloured brown on the said plan and subject also to all such rights etc."

I suppose the definition of 'refuse' could be debated but is this a right of way for any purpose she wants?

I think it would be a stretch to say the installation of something is in any way refuse collection.

Given your deeds.... put locks on the gates and refuse to open them except on bin days?

Take very clear photos of your garden before the day she plans to erect this garden office so you have them for the repair of the inevitable damage.

Check your house insurance for legal cover... that might be the quickest way of confirming you can ban her entry.

It's unusual, but they should only be able to use it when taking the bins out and bringing them back. "Refuse" would also include other unwanted waaste material, so not just stuff that gets collected weekly.

they cannot use it to bring materials in to their garden, but can use it to remove building waste. I suggest you get a lock on the gate if you think they're likely to trespass but make it clear in writing that you will unlock it for lawful passage.

Hi OP, IANAL but that wording seems clear.

I'd write her a letter with the wording included and explain that you can't grant her request since it violates the terms of her access to your garden, which is for removal of refuse only.

It would place you at a disadvantage both in terms of giving precedent to an expanded right of access, and also would be likely to cause damage to your property. You should not feel any guilt about saying a no and holding that line, I agree about adding additional lockable gates if needed.

Incidentally I am a mid terrace and we have no garden access - when tradesmen work out the back we open our front door, open our back door and lay dustsheets down - she has an easy solution to give access through her house and if she wants it badly enough that's what she'll have to do!

Wish you all the best.

Thank you everybody. This is very helpful and a letter is definitely the first step to remind her of the conditions of access as per the deeds and that I do not give permission for access to workman next week. I will give her the letter tonight. Unfortunately there is already a lock on the gate with a key (and she has a copy so that there are no arguments regarding access for her bins) so I might need to think about next steps as I don't want her to be able to say she was unable to put out her bins as per her rights.

If she went ahead and allowed workman on my land without my permission next week (she is crazy enough to do this), any advice on how best to handle the situation please.

I think I will need to concede that refuse could include building waste as I don't want to go down the rabbit hole of seeking legal advice regarding the definition of 'refuse for collection'

Thanks

Very good point regarding the potential of accidentally giving expanded right of access!

Put a padlock on the gate, don't give her a key but ensure you remove the padlock ON BIN DAYS ONLY.

Have you checked on the council portal if she has planning permission for such a building?

Installing a shed or whatever is not collecting refuse. I would refuse access, they can go through her house, or crane it over the top

I think I'd just let her have access and save yourself all the aggro. - I'd put something in writing though and I'd also speak to the builders. I'd remind them that access is for refuse only and basically make sure she knows you are doing her and the builders a favour.

One thing with letting the builders come through is that you can have more control over when they are there.

Being at war with Nieghbours is a fools game.

I'd take photos beforehand too.

How big is the gap? Big enough for a shed panel? Imo you need to take pics every day to monitor the condition of your property op.

and it has all come to a head as she has informed me that she is having a garden office installed next week and my garden will be used as access

Is she saying this is for access to build the garden office, or for access for clients coming round to her garden office? As others have said, she can have the builders come through the house with the materials, and use the necessary protections in her house, but they can take their refuse away via the access. She is being a cf to expect you to let them through to build it, but even cheekier if she thinks clients can come through.